You cannot claim to be married when dealing with one Federal agency, and claim to be single when dealing with another. You're lying to one of them, and you'll get in trouble. At some point you'll have to file an AOS which will also require you and your wife to send your IRS forms to USCIS. You...
You're married, so you cannot file as single. You can file as married filing separately, and your wife would file a 1040NR form with zero liability (assuming she has no US income).
Yes. Non-resident spouse of a US resident can choose to file as resident. Do the math if its worth it. This of course is for the years during which you were actually married. IRS link here.
In case there's a sibling in the US in an overstay, can a visa application be rejected? If applicant himself doesn't have any immigration issues and have a genuine H1B approval - should he be worried because of the sibling refusing to leave the US?
IRS has nothing to do with it, its the department of treasury (IRS is only one of its agencies) which is dealing with money laundering and terrorism funding operations. Your transfers might or might not be reported (below the $10K threshold its per the bank's discretion), but if the money is...
XaFYFE
A couple of things to consider: 1st - they might cancel the H4 visa, for the same reason they deny the L1 visa. 2nd - if the H4 visa remains valid and your wife returns with it - she loses the L1 status, she'll be back on H4 and won't be able to come back to work.
Same problem -...
I'm not a lawyer, and you should consult one to get a definitive answer (and no, posting on an Internet forum hosted by a law firm is not "consulting a lawyer"), but if you didn't go through the immigration court - you're good and your green card is valid. However, when you apply for citizenship...
If you cannot get a certification of your degree as a US 4-year BS equivalent - you're going to EB3. What is the help you're looking for? Why are you desperate? It looks like your employer is doing the best he can for you, and after one application being audited and rejected, I wouldn't try any...
Wouldn't bother if I were you. Exceptional ability means prizes, publications, recommendations, salary way above the standard, etc. Here's the list. I would guess you would also be audited.
There are two kinds of corporations: C-corp (the "standard" one) and S-corp (pass-through taxation). For S-corp there are certain limitations, one of which is that the shareholders must be US citizens or residents. However, it doesn't mean permanent residents. As an H1b person, you're a US...
What makes you think that a company can only be genuine if it has ever filed for H1B? There has to be a first time for every company at some point. Just make sure they're working with an attorney and know exactly what they're dealing with, some companies that have never done that before may not...
The applications can be filed starting of April 1st of the preceding year (April XX, that is).
When the quota is filled. It can be April 1st (as it was in 2008) or it can be around December like it was this year.
When the application was approved. If the employer pays a "Premium...
How did she get her LPR? If its through sponsorship by a family member (you?) then its that family members responsibility. You can get her a private insurance, or add her as your dependent on yours (if your insurance allows that). If she was sponsored by a family member, she won't be entitled...
Its possible, but you might expect an RFE about the pending petition. If you want to give up on the offer from company B - let them know so that they withdraw their offer.
Also, since you're in your sixth year, you might get the new H1B valid for only several months (until the full 6th year...
You actually did something wrong - you didn't pay your taxes. If you did in fact pay your taxes directly to the IRS with your yearly tax return - you should argue that the company shouldn't have paid the money to begin with, but I'm guessing this is not the case for you. Paying taxes is your own...
Your H1B status, whenever approved, will be approved starting of October 1st, 2012. Until then you're in whatever status you were. If you're working based on your OPT - you'll continue being in the same status until the H1B status kicks in automatically on Oct 1st.
If I remember correctly, the requirement is 12 months during the last 3 years, so if you have the missing 2 months from before you left - you should be fine. Your company has a lawyer, who could probably answer this question better. Worst case - you can just wait 2 months with the filing until...
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